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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is in accordance with paragraph (1) of the same Article.
Reasons
1. Determination on the cause of the claim
A. The plaintiffs are employed by the defendant and work at the construction site located in Daegu-gu D, and the plaintiff A received KRW 170,000 per day as an adjoining hole, and served from March 25, 2013 to May 21, 2013. The plaintiff B, as a wooden hole, was to receive KRW 130,00 per day, and worked at the above construction site from March 25, 2013 to May 29, 2013. 2) The plaintiff A did not receive KRW 4,080,000 (daily x 174,240,000) for 24 days during the period from April 22, 2013 to May 21, 2013.
3) During the period from April 22, 2013 to May 29, 2013, Plaintiff B was not paid KRW 2,185,000 among the wages of KRW 3,185,00 (daily KRW 130,00 per day x 24.5 days) for 24.5-day labor. [Grounds for recognition] There is no dispute, Party A’s evidence 1, Party B’s evidence 2, and Party B’s evidence (including serial numbers; hereinafter the same shall apply)
As a result of the inquiry of the fact to the Administrator of the Seogu Regional Employment and Labor Office of this Court, part of the witness E's testimony, the purport of the whole pleadings.
B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff A the unpaid wages of KRW 3,080,000 and the delay damages calculated at the rate of 20% per annum of the Labor Standards Act from June 5, 2013 to June 5, 2013, and from June 13, 2013 to the date of full payment with respect to the Plaintiff B, as well as from June 13, 2013 to the date of full payment with respect to each of them.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion on April 22, 2013: (a) 17 days for the provision of labor to Plaintiff A; and (b) 16.5 days for the provision of labor to Plaintiff B; and (c) 80,000 won or 90,000 won for the day when the Plaintiffs worked as a general daily worker who is not an official contact. If the Plaintiffs deducts the amount paid in advance in advance in advance in advance for advance payment recognized by the Plaintiffs, the overdue wages to Plaintiff A shall be KRW 12.5 million.